[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[USCODETITLE]
[Pages 752-762]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 752]]
 
                              TITLE 39.--POSTAL SERVICE

            
                                Part IV.--MAIL MATTER

            
                      Chapter 32.--PENALTY AND FRANKED MAIL\1\

       490  Sec. 3201. Definitions.
                As used in this chapter--
                \1\For United States Postal Service regulation on 
                congressional franking privilege, see Senate Manual 
                section 497. See also the Regulations Governing the Use 
                of the Mailing Frank by Members and Officers of the 
                United States Senate, issued by the Select Committee on 
                Ethics. See also Regulations Governing Franked Mail, 
                issued by the Senate Committee on Rules and 
                Administration.
                        (1) ``penalty mail'' means official mail, other 
                    than franked mail, which is authorized by law to be 
                    transmitted in the mail without prepayment of 
                    postage;
                        (2) ``penalty cover'' means envelopes, wrappers, 
                    labels, or cards used to transmit penalty mail;
                        (3) ``frank'' means the autographic or facsimile 
                    signature of persons authorized by sections 3210-
                    3216 and 3218 of this title to transmit matter 
                    through the mail without prepayment of postage or 
                    other indicia contemplated by sections 733 and 907 
                    of title 44;
                        (4) ``franked mail'' means mail which is 
                    transmitted in the mail under a frank;
                        (5) ``Members of Congress'' includes Senators, 
                    Representatives, Delegates, and Resident 
                    Commissioners; and
                        (6) ``missing child'' has the meaning provided 
                    by section 403(1) of the Juvenile Justice and 
                    Delinquency Prevention Act of 1974. (Aug. 12, 1970, 
                    Pub. L. 91-375, Sec. 2, 84 Stat. 751; Aug. 9, 1985, 
                    Pub. L. 99-87, Sec. 1(b), 99 Stat. 291.)
       491  Sec. 3210. Franked mail transmitted by the Vice President, 
                Members of Congress, and congressional officials.
                (a)(1) It is the policy of the Congress that the 
            privilege of sending mail as franked mail shall be 
            established under this section in order to assist and 
            expedite the conduct of the official business, activities, 
            and duties of the Congress of the United States.
                (2) It is the intent of the Congress that such official 
            business, activities, and duties cover all matters which 
            directly or indirectly pertain to the legislative process or 
            to any congressional representative functions generally, or 
            to the functioning, working, or operating of the Congress 
            and the performance of official duties in connection 
            therewith, and shall include, but not be limited to, the 
            conveying of information to the public, and the requesting 
            of the views of the public, or the views and information of 
            other authority of government, as a guide or a means of 
            assistance in the performance of those functions.
                (3) It is the intent of the Congress that mail matter 
            which is frankable specifically includes, but is not limited 
            to--
                        (A) mail matter to any person and to all 
                    agencies and officials of Federal, State, and local 
                    governments regarding programs, deci-

[[Page 753]]

                    sions, and other related matters of public concern 
                    or public service, including any matter relating to 
                    actions of a past or current Congress;
                        (B) the usual and customary congressional 
                    newsletter or press release which may deal with such 
                    matters as the impact of laws and decisions on State 
                    and local governments and individual citizens; 
                    reports on public and official actions taken by 
                    Members of Congress; and discussions of proposed or 
                    pending legislation or governmental actions and the 
                    positions of the Members of Congress on, and 
                    arguments for or against, such matters;
                        (C) the usual and customary congressional 
                    questionnaire seeking public opinion on any law, 
                    pending or proposed legislation, public issue, or 
                    subject;
                        (D) mail matter dispatched by a Member of 
                    Congress between his Washington office and any 
                    congressional district offices, or between his 
                    district offices;
                        (E) mail matter directed by one Member of 
                    Congress to another Member of Congress or to 
                    representatives of the legislative bodies of State 
                    and local governments;
                        (F) mail matter expressing congratulations to a 
                    person who has achieved some public distinction;
                        (G) mail matter, including general mass 
                    mailings, which consist of Federal laws, Federal 
                    regulations, other Federal publications, 
                    publications purchased with Federal funds, or 
                    publications containing items of general 
                    information;
                        (H) mail matter which consists of voter 
                    registration or election information or assistance 
                    prepared and mailed in a nonpartisan manner;
                        (I) mail matter which constitutes or includes a 
                    biography or autobiography of any Member of, or 
                    Member-elect to, Congress or any biographical or 
                    autobiographical material concerning such Member or 
                    Member-elect or the spouse or other members of the 
                    family of such Member or Member-elect, and which is 
                    so mailed as a part of a Federal publication or in 
                    response to a specific request therefor and is not 
                    included for publicity purposes in a newsletter or 
                    other general mass mailing of the Member or Member-
                    elect under the franking privilege; or
                        (J) mail matter which contains a picture, 
                    sketch, or other likeness of any Member or Member-
                    elect and which is so mailed as a part of a Federal 
                    publication or in response to a specific request 
                    therefor and, when contained in a newsletter or 
                    other general mass mailing of any Member or Member-
                    elect, is not of such size, or does not occur with 
                    such frequency in the mail matter concerned, as to 
                    lead to the conclusion that the purpose of such 
                    picture, sketch, or likeness is to advertise the 
                    Member or Member-elect rather than to illustrate 
                    accompanying text.
                (4) It is the intent of the Congress that the franking 
            privilege under this section shall not permit, and may not 
            be used for, the transmission through the mails as franked 
            mail, of matter which in its nature is purely personal to 
            the sender or to any other person and is unrelated to the 
            official business, activities, and duties of the public 
            officials covered by subsection (b)(1) of this section.

[[Page 754]]

                (5) It is the intent of the Congress that a Member of or 
            Member-elect to Congress may not mail as franked mail--
                        (A) mail matter which constitutes or includes 
                    any article, account, sketch, narration, or other 
                    text laudatory and complimentary of any Member of, 
                    or Member-elect to, Congress on a purely personal or 
                    political basis rather than on the basis of 
                    performance of official duties as a Member or on the 
                    basis of activities as a Member-elect;
                        (B) mail matter which constitutes or includes--

                                (i) greetings from the spouse or other 
                            members of the family of such Member or 
                            Member-elect, unless it is a brief reference 
                            in otherwise frankable mail;

                                (ii) reports of how or when such Member 
                            or Member-elect, or the spouse or any other 
                            member of the family of such Member or 
                            Member-elect, spends time other than in the 
                            performance of, or in connection with, the 
                            legislative, representative, and other 
                            official functions of such Member or the 
                            activities of such Member-elect as a Member-
                            elect; or

                                (iii) any card expressing holiday 
                            greetings from such Member or Member-elect; 
                            or

                        (C) mail matter which specifically solicits 
                    political support for the sender or any other person 
                    or any political party, or a vote or financial 
                    assistance for any candidate for any public office.

            The House Commission on Congressional Mailing Standards and 
            the Select Committee on Standards and Conduct of the Senate 
            shall prescribe for their respective Houses such rules and 
            regulations and shall take such other action, as the 
            Commission or Committee considers necessary and proper for 
            the Members and Members-elect to conform to the provisions 
            of this clause and applicable rules and regulations. Such 
            rules and regulations shall include, but not be limited to, 
            provisions prescribing the time within which such mailings 
            shall be mailed at or delivered to any postal facility to 
            attain compliance with this clause and the time when such 
            mailings shall be deemed to have been so mailed or delivered 
            and such compliance attained.

                (6)(A) It is the intent of Congress that a Member of, or 
            Member-elect to, Congress may not mail any mass mailing as 
            franked mail--
                        (i) if the mass mailing is mailed fewer than 60 
                    days immediately before the date of any primary 
                    election or general election (whether regular, 
                    special, or runoff) in which the Member is a 
                    candidate for reelection; or
                        (ii) in the case of a Member of, or Member-elect 
                    to, the House who is a candidate for any other 
                    public office, if the mass mailing--

                                (I) is prepared for delivery within any 
                            portion of the jurisdiction of or the area 
                            covered by the public office which is 
                            outside the area constituting the 
                            congressional district from which the Member 
                            or Member-elect was elected; or

                                (II) is mailed fewer than 60 days 
                            immediately before the date of any primary 
                            election or general election (whether 
                            regular, special, or runoff) in which the 
                            Member or Member-elect is a candidate for 
                            any other public office.

                (B) Any mass mailing which is mailed by the chairman of 
            any organization referred to in the last sentence of section 
            3215 of this title which

[[Page 755]]

            relates to the normal and regular business of the 
            organization may be mailed without regard to the provisions 
            of this paragraph.
                (C) No Member of the Senate may mail any mass mailing as 
            franked mail if such mass mailing is mailed fewer than 60 
            days immediately before the date of any primary election or 
            general election (whether regular, special, or runoff) for 
            any national, State or local office in which such Member is 
            a candidate for election.
                (D) The Select Committee on Ethics of the Senate and the 
            House Commission on Congressional Mailing Standards shall 
            prescribe for their respective Houses rules and regulations, 
            and shall take other action as the Committee or the 
            Commission considers necessary and proper for Members and 
            Members-elect to comply with the provisions of this 
            paragraph and applicable rules and regulations. The rules 
            and regulations shall include provisions prescribing the 
            time within which mailings shall be mailed at or delivered 
            to any postal facility and the time when the mailings shall 
            be deemed to have been mailed or delivered to comply with 
            the provisions of this paragraph.
                (E) As used in this section, the term ``mass mailing'' 
            means, with respect to a session of Congress, any mailing of 
            newsletters or other pieces of mail with substantially 
            identical content (whether such mail is deposited singly or 
            in bulk, or at the same time or different times), totaling 
            more than 500 pieces in that session, except that such term 
            does not include any mailing--
                        (i) of matter in direct response to a 
                    communication from a person to whom the matter is 
                    mailed;
                        (ii) from a Member of Congress to other Members 
                    of Congress, or to Federal, State, or local 
                    government officials; or
                        (iii) of a news release to the communications 
                    media.
                (F) For purposes of subparagraphs (A) and (C) if mail 
            matter is of a type which is not customarily postmarked, the 
            date on which such matter would have been postmarked if it 
            were of a type customarily postmarked shall apply.
                (7) A Member of the House of Representatives may not 
            send any mass mailing outside the congressional district 
            from which the Member was elected.
                (b)(1) The Vice President, each Member of or Member-
            elect to Congress, the Secretary of the Senate, the Sergeant 
            at Arms of the Senate, each of the elected officers of the 
            House of Representatives (other than a Member of the House), 
            the Legislative Counsels of the House of Representatives and 
            the Senate, the Law Revision Counsel of the House of 
            Representatives, and the Senate Legal Counsel may send, as 
            franked mail, matter relating to their official business, 
            activities, and duties, as intended by Congress to be 
            mailable as franked mail under subsection (a) (2) and (3) of 
            this section.
                (2) If a vacancy occurs in the Office of the Secretary 
            of the Senate, the Sergeant at Arms of the Senate, an 
            elected officer of the House of Representatives (other than 
            a Member of the House), the Legislative Counsel of the House 
            of Representatives or the Senate, the Law Revision Counsel 
            of the House of Representatives, or the Senate Legal Counsel 
            any authorized person may exercise the franking privilege in 
            the officer's name during the period of the vacancy.
                (3) The Vice President, each Member of Congress, the 
            Secretary of the Senate, the Sergeant at Arms of the Senate, 
            and each of the elected

[[Page 756]]

            officers of the House (other than a Member of the House), 
            during the 90-day period immediately following the date on 
            which they leave office, may send, as franked mail, matter 
            on official business relating to the closing of their 
            respective offices. The House Commission on Congressional 
            Mailing Standards and the Select Committee on Standards and 
            Conduct of the Senate\1\ shall prescribe for their 
            respective Houses such rules and regulations, and shall take 
            such other action as the Commission or Committee considers 
            necessary and proper, to carry out the provisions of this 
            paragraph.
                \1\Name changed to the Select Committee on Ethics by S. 
                Res. 4, 95-1, Feb. 4, 1977.
                (c) Franked mail may be in any form appropriate for mail 
            matter, including, but not limited to, correspondence, 
            newsletters, questionnaires, recordings, facsimiles, 
            reprints, and reproductions. Franked mail shall not include 
            matter which is intended by Congress to be nonmailable as 
            franked mail under subsection (a) (4) and (5) of this 
            section.
                (d)(1) A Member of the Congress may mail franked mail 
            with a simplified form of address for delivery within that 
            area constituting the congressional district or State from 
            which the Member was elected.
                (2) A Member-elect to the Congress may mail franked mail 
            with a simplified form of address for delivery within that 
            area constituting the congressional district or State from 
            which he was elected.
                (3) A Delegate, Delegate-elect, Resident Commissioner, 
            or Resident Commissioner-elect to the House of 
            Representatives may mail franked mail with a simplified form 
            of address for delivery within the area from which he was 
            elected.
                (4) Any franked mail which is mailed under this 
            subsection shall be mailed at the equivalent rate of postage 
            which assures that the mail will be sent by the most 
            economical means practicable.
                (5) The Senate Committee on Rules and Administration and 
            the House Commission on Congressional Mailing Standards 
            shall prescribe for their respective Houses rules and 
            regulations governing any franked mail which is mailed under 
            this subsection and shall by regulation limit the number of 
            such mailings allowed under this subsection.
                (6)(A) Any Member of, or Member-elect to, the House of 
            Representatives entitled to make any mailing as franked mail 
            under this subsection shall, before making any mailing, 
            submit a sample or description of the mail matter involved 
            to the House Commission on Congressional Mailing Standards 
            for an advisory opinion as to whether the proposed mailing 
            is in compliance with the provisions of this subsection.
                (B) The Senate Select Committee on Ethics may require 
            any Member of, or Member-elect to, the Senate entitled to 
            make any mailings as franked mail under this subsection to 
            submit a sample or description of the mail matter to the 
            Committee for an advisory opinion as to whether the proposed 
            mailing is in compliance with the provisions of this 
            subsection.
                (7) Franked mail mailed with a simplified form of 
            address under this subsection--
                        (A) shall be prepared as directed by the Postal 
                    Service; and
                        (B) may be delivered to--

                                (i) each box holder or family on a rural 
                            or star route;

                                (ii) each post office box holder; and

                                (iii) each stop or box on a city carrier 
                            route.

[[Page 757]]

                (8) For the purposes of this subsection, a congressional 
            district includes, in the case of a Representative at Large 
            or Representative at Large-elect, the State from which he 
            was elected.
                (e) The frankability of mail matter shall be determined 
            under the provisions of this section by the type and content 
            of the mail sent, or to be sent.
                (f) Any mass mailing which otherwise would be permitted 
            to be mailed as franked mail under this section shall not be 
            so mailed unless the cost of preparing and printing the mail 
            matter is paid exclusively from funds appropriated by 
            Congress, except that an otherwise frankable mass mailing 
            may contain, as an enclosure or supplement, any public 
            service material which is purely instructional or 
            informational in nature, and which in content is frankable 
            under this section.
                (g) Notwithstanding any other provision of Federal, 
            State, or local law, or any regulation thereunder, the 
            equivalent amount of postage determined under section 3216 
            of this title on franked mail mailed under the frank of the 
            Vice President or a Member of Congress, and the cost of 
            preparing or printing such frankable matter for such mailing 
            under the frank, shall not be considered as a contribution 
            to, or an expenditure by, the Vice President or a Member of 
            Congress for the purpose of determining any limitation on 
            expenditures or contributions with respect to any such 
            official, imposed by any Federal, State, or local law or 
            regulation, in connection with any campaign of such official 
            for election to any Federal office. (Aug. 12, 1970, Pub. L. 
            91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51, 
            Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191, 
            Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub. L. 94-177, 
            Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub. L. 95-521, 
            Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69, 
            Secs. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982, 
            Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-163, 
            Title III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub. L. 
            101-520, Title III, Secs. 311(h)(1), 316, Nov. 5, 1990, 
            104 Stat. 2280, 2283; Pub. L. 102-392, Title III, 
            Sec. 309(a), Oct. 6, 1992, 106 Stat. 1722.)
       492  Sec. 3211. Public documents.
                The Vice President, Members of Congress, the Secretary 
            of the Senate, the Sergeant at Arms of the Senate, each of 
            the elected officers of the House of Representatives (other 
            than a Member of the House) during the 90-day period 
            immediately following the expiration of their respective 
            terms of office, may send and receive as franked mail all 
            public documents printed by order of Congress. (Aug. 12, 
            1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973, 
            Pub. L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub. L. 
            97-69, Sec. 5(a), 95 Stat. 1043.)
       493  Sec. 3212. Congressional Record under frank of Members of 
                Congress.
                (a) Members of Congress may send the Congressional 
            Record as franked mail.
                (b) Members of Congress may send, as franked mail, any 
            part, of, or a reprint of any part of, the Congressional 
            Record, including speeches or reports contained therein, if 
            such matter is mailable as franked mail under section 3210 
            of this title. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 
            Stat. 754; Dec. 18, 1973, Pub. L. 93-191, Sec. 3, 87 Stat. 
            741.)

[[Page 758]]

                            Cross Reference

                For extracts from Congressional Record furnished Members 
            of Congress and the Resident Commissioner in envelopes ready 
            for mailing, see section 907 of title 44, United States Code 
            (Senate Manual section 657).
       494  Sec. 3213. Seeds and reports from Department of Agriculture.
                Seeds and agricultural reports emanating from the 
            Department of Agriculture may be mailed--
                        (1) as penalty mail by the Secretary of 
                    Agriculture; and
                        (2) during the 90-day period immediately 
                    following the expiration of their terms of office, 
                    as franked mail by Members of Congress. (Aug. 12, 
                    1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Oct. 26, 
                    1981, Pub. L. 97-69, Sec. 5(b), 95 Stat. 1043.)
       495  Sec. 3215. Lending or permitting use of frank unlawful.
                A person entitled to use a frank may not lend it or 
            permit its use by any committee, organization, or 
            association, or permit its use by any person for the benefit 
            or use of any committee, organization, or association. This 
            section does not apply to any standing, select, special, or 
            joint committee, or subcommittee thereof, or commission, of 
            the Senate, House of Representatives, or Congress, composed 
            of Members of Congress, or to the Democratic caucus or the 
            Republican conference of the House of Representatives or of 
            the Senate. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat. 
            754; Dec. 18, 1973, Pub. L. 93-191, Sec. 10, 87 Stat. 746.)
       496  Sec. 3216. Reimbursement for franked mailings.
                (a) The equivalent of--
                        (1) postage on, and fees and charges in 
                    connection with, mail matter sent through the 
                    mails--

                                (A) under the franking privilege (other 
                            than under section 3219 of this title), by 
                            the Vice President, Members of and Members-
                            elect to Congress, the Secretary of the 
                            Senate, the Sergeant at Arms of the Senate, 
                            each of the elected officers of the House of 
                            Representatives (other than a Member of the 
                            House), the Legislative Counsels of the 
                            House of Representatives and the Senate, the 
                            Law Revision Counsel of the House of 
                            Representatives, and the Senate Legal 
                            Counsel; and

                                (B) by the survivors of a Member of 
                            Congress under section 3218 of this title; 
                            and

                        (2) those portions of fees and charges to be 
                    paid for handling and delivery by the Postal Service 
                    of Mailgrams considered as franked mail under 
                    section 3219 of this title;

            shall be paid by appropriation for the official mail costs 
            of the Senate and the House of Representatives for that 
            purpose and then paid to the Postal Service as postal 
            revenue. Except as to Mailgrams and except as provided by 
            sections 733 and 907 of title 44, envelopes, wrappers, 
            cards, or labels used to transmit franked mail shall bear, 
            in the upper right-hand corner, the sender's signature, or a 
            facsimile thereof.

                (b) Postage on, and fees and charges in connection with, 
            mail matter sent through the mails under section 3214 of 
            this title shall be paid each fiscal year, out of any 
            appropriation made for that purpose, to the Postal Service 
            as postal revenue in an amount equivalent to the

[[Page 759]]

            postage, fees, and charges which would otherwise be payable 
            on, or in connection with, such mail matter.
                (c) Payment under subsection (a) or (b) of this section 
            shall be deemed payment for all matter mailed under the 
            frank and for all fees and charges due the Postal Service in 
            connection therewith.
                (d) Money collected for matter improperly mailed under 
            the franking privilege shall be deposited as miscellaneous 
            receipts in the general fund of the Treasury.
                (e)(1) Not later than two weeks after the last day of 
            each quarter of the fiscal year, or as soon as practicable 
            thereafter, the Postmaster General shall send to the Clerk 
            of the House, the House Commission on Congressional Mailing 
            Standards, the Secretary of the Senate, and the Senate 
            Committee on Rules and Administration a report which shall 
            contain a tabulation of the estimated number of pieces and 
            costs of franked mail, as defined in section 3201 of this 
            title, in each mail classification sent through the mail for 
            the quarter and for the preceding quarters in the fiscal 
            year, together with separate tabulations of the number of 
            pieces and costs of such mail sent by the House and by the 
            Senate.
                (2) Two weeks after the close of the second quarter of 
            the fiscal year, or as soon as practicable thereafter, the 
            Postmaster General shall send to the Clerk of the House, the 
            House Commission on Congressional Mailing Standards, the 
            Committee on House Administration, the Secretary of the 
            Senate, and the Senate Committee on Rules and 
            Administration, a statement of the costs of postage on, and 
            fees and charges in connection with, mail matter sent 
            through the mails as described in subsection (1) of this 
            section for the preceding two quarters together with an 
            estimate of such costs for the balance of the fiscal year. 
            As soon as practicable after receipt of this statement, the 
            House Commission on Congressional Mailing Standards, the 
            Committee on House Administration, and the Senate Committee 
            on Rules and Administration shall consider promulgating such 
            regulations for their respective Houses as may be necessary 
            to ensure that total postage costs, as described in 
            subsection (1) of this section, will not exceed the amounts 
            available for the fiscal year. (Aug. 12, 1970, Pub. L. 91-
            375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51, 
            Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191, 
            Sec. 7, 87 Stat. 745; Mar. 27, 1974, Pub. L. 93-255, 
            Sec. 2(a), 88 Stat. 52; Oct. 26, 1978, Pub. L. 95-521, 
            Sec. 714(b), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69, 
            Sec. 6(a), 95 Stat. 1043; Sept. 24, 1982, Pub. L. 97-263, 
            Sec. 1, 96 Stat. 1132; Pub. L. 101-163, Title III, 
            Sec. 316(b), formerly Sec. 316(c), Sec. 317, Nov. 21, 1989, 
            103 Stat. 1067, renumbered Pub. L. 101-520, Title III, 
            Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280; Pub. L. 
            102-90, Title III, Sec. 306, Aug. 14, 1991, 105 Stat. 466.)
     496.1
     496.1  Sec. 3218. Franked mail for survivors of Members of 
                Congress.
                Upon the death of a Member of Congress during his term 
            of office, the surviving spouse of such Member (or, if there 
            is no surviving spouse, a member of the immediate family of 
            the Member designated by the Secretary of the Senate or the 
            Clerk of the House of Representatives, as appropriate, in 
            accordance with rules and procedures established by the 
            Secretary or the Clerk) may send, for a period not to exceed 
            180 days after his death, as franked mail, nonpolitical 
            correspondence relating to the death of the Member. (Aug. 
            12, 1970, Pub. L. 91-375, Sec. 2,

[[Page 760]]

            84 Stat. 755; Dec. 18, 1973, Pub. L. 93-191, Sec. 11, 87 
            Stat. 746; Oct. 26, 1981, Pub. L. 97-69, Sec. 6 (b) and (c), 
            95 Stat. 1043.)
     496.2
     496.2  Sec. 3219. Mailgrams.
                Any Mailgram sent by the Vice President, a Member of or 
            Member-elect to Congress, the Secretary of the Senate, the 
            Sergeant at Arms of the Senate, an elected officer of the 
            House of Representatives (other than a Member of the House), 
            the Legislative Counsel of the House of Representatives or 
            the Senate, the Law Revision Counsel of the House of 
            Representatives, or the Senate Legal Counsel, and then 
            delivered by the Postal Service, shall be considered as 
            franked mail, subject to section 3216(a)(2) of this title, 
            if such Mailgram contains matter of the kind authorized to 
            be sent by that official as franked mail under section 3210 
            of this title. (Added Dec. 18, 1973, Pub. L. 93-191, 
            Sec. 12, 87 Stat. 746; Oct. 26, 1978, Pub. L. 95-521, 
            Sec. 714(c), 92 Stat. 1884; Sept. 24, 1982, Pub. L. 97-263, 
            Sec. 1, 96 Stat. 1132.)
     496.3  Sec. 3220. Use of official mail in the location and recovery 
                of missing children.
                (a)(1) The Office of Juvenile Justice and Delinquency 
            Prevention, after consultation with appropriate public and 
            private agencies, shall prescribe general guidelines under 
            which penalty mail may be used to assist in the location and 
            recovery of missing children. The guidelines shall provide 
            information relating to--
                        (A) the form and manner in which materials and 
                    information relating to missing children (such as 
                    biographical data and pictures, sketches, or other 
                    likenesses) may be included in penalty mail;
                        (B) appropriate sources from which such 
                    materials and information may be obtained;
                        (C) the procedures by which such materials and 
                    information may be obtained; and
                        (D) any other matter which the Office considers 
                    appropriate.
                (2) Each executive department and independent 
            establishment of the Government of the United States shall 
            prescribe regulations under which penalty mail sent by such 
            department or establishment may be used in conformance with 
            the guidelines prescribed under paragraph (1).
                (b) The Senate Committee on Rules and Administration and 
            the House Commission on Congressional Mailing Standards 
            shall prescribe for their respective Houses rules and 
            regulations, and shall take such other action as the 
            Committee or Commission considers necessary and proper, in 
            order that purposes similar to those of subsection (a) may, 
            in the discretion of the congressional official or office 
            concerned, be carried out by the use of franked mail sent by 
            such official or office.
                (c) As used in this section, ``Office of Juvenile 
            Justice and Delinquency Prevention'' and ``Office'' each 
            means the Office of Juvenile Justice and Delinquency 
            Prevention within the Department of Justice, as established 
            by section 201 of the Juvenile Justice and Delinquency 
            Prevention Act of 1974. (Aug. 9, 1985, Pub. L. 99-87, 
            Sec. 1(a)(1), 99 Stat. 290.)

                              39 u.s.c.--postal service

                  general and permanent laws relating to the senate

[[Page 761]]


       497  
                  Domestic Mail Manual Provisions Relating to the 
                          Congressional Franking Privilege

            
                         Part E050--Official Mail (Franked)

            1.0  Basic Information

            1.1  Members of Congress. Official mail of Members of 
            Congress is sent without prepayment of postage and bears 
            instead a written or printed facsimile signature, or other 
            required marking. Exhibit 1.1 shows what is accepted under 
            frank and who is authorized to use it.

            1.2  Former President, Spouse. Former Presidents of the 
            United States and surviving spouses of former Presidents may 
            send nonpolitical mail as franked mail if it bears the 
            sender's written or facsimile signature and the words 
            ``Postage and Fees Paid'' in the upper right corner of the 
            address side.

            1.3  Surviving Spouse of Member of Congress. When a Member 
            of Congress dies during the term of office, the Member's 
            surviving spouse may send correspondence relating to the 
            death without prepayment of postage, for a period not to 
            exceed 180 days after the death of the Member. The mail must 
            bear the sender's written or facsimile signature in the 
            upper right corner of the address side. If there is no 
            surviving spouse, this privilege may be exercised by an 
            immediate family member of the deceased Member of Congress 
            designated by the Secretary of the Senate or the Clerk of 
            the House of Representatives, as appropriate.

            1.4  Use. A person entitled to use franked mail may not lend 
            this frank or permit its use by any committee, organization, 
            association, or other person. This restriction does not 
            apply to a committee of the Congress.

            1.5  Criteria. Franked mail must be addressed to the 
            recipient by name, except under A040 and must meet the 
            mailability criteria in C010, C020, and C030, and the 
            physical standards for the class of mail being used.\1\

                \1\Part A040 describes alternative addressing formats. 
                Part C010 gives general mailability standards (such as 
                requisite dimensions, packaging, and containers). Part 
                C020 describes articles and substances prohibited 
                because they may be injurious to life, health or 
                property (such as liquor or firearms). Part C030 refers 
                to restricted forms of printed materials (such as 
                deceptive solicitations or sexually oriented 
                advertisements).

            1.6  Handling. Franked mail is entitled to any special 
            services for which it is properly endorsed, and is handled 
            and forwarded as ordinary mail, except that after delivery 
            to the addressee, it may not be remailed.

            1.7  Package to One Addressee. A person entitled to use 
            franked mail may send a package of franked mail to one 
            addressee, who may open the package and on behalf of such 
            person address the franked articles and mail them.

[[Page 762]]



                                                   Exhibit 1.1                                                  
----------------------------------------------------------------------------------------------------------------
          User entitled                Matter permitted           Marking required          Period authorized   
----------------------------------------------------------------------------------------------------------------
Vice President of the United      Public documents printed   Public Document and the    During 90 days          
 States, Members of Congress,      by order of Congress.      letters U.S.S. or M.C.     immediately after      
 Resident Commissioners,                                      must appear on address     expiration of term of  
 Secretary of the Senate,                                     side.                      office.                
 Sergeant at Arms of the Senate,                                                                                
 and each elected officer of the                                                                                
 House of Representatives (other                                                                                
 than Members of the House).                                                                                    
----------------------------------------------------------------------------------------------------------------
Members of Congress and Resident  Congressional Record or    Congressional Record or    During term of office   
 Commissioners                     any part of it             Part of Congressional      only.                  
                                   (including reprints of     Record and U.S.S. or                              
                                   any part, speech, or       M.C. must appear on the                           
                                   report contained in it)    address side.                                     
                                   if for official                                                              
                                   business, activities, or                                                     
                                   duties.                                                                      
----------------------------------------------------------------------------------------------------------------
Members of Congress               Seed and agricultural      Signature and title        During 90 days          
                                   reports from Department    (written or printed        immediately after      
                                   of Agriculture.            facsimile) of person       expiration of term of  
                                                              entitled to frank must     office.                
                                                              appear on address side.                           
----------------------------------------------------------------------------------------------------------------
Vice President of the United      Official correspondence    Mailgrams may be sent in   During term of office   
 States, Members and Members-      including Mailgrams        standard Mailgram          only. When position of 
 elect of Congress, Resident                                  envelopes. For other       Secretary, Sergeant at 
 Commissioners, Secretary of the                              correspondence,            Arms, elected officer, 
 Senate, Sergeant at Arms of the                              signature and title        Legislative Counsel,   
 Senate, each elected officer of                              (written or printed        Law Revision Counsel,  
 the House of Representatives                                 facsimile) of person       or Senate Legal Counsel
 (other than a Member of the                                  entitled to frank must     is vacant, privileges  
 House), Legislative Counsels of                              appear on address side.    may be exercised in    
 the House of Representatives                                                            officer's name by      
 and the Senate, Law Revision                                                            authorized persons.    
 Counsel of the House of                                                                                        
 Representatives, and Senate                                                                                    
 Legal Counsel.                                                                                                 
----------------------------------------------------------------------------------------------------------------
Vice President-elect              All mail connected with    Signature and title        Until assumption of     
                                   preparation for            (written or printed        duties as Vice         
                                   assumption of official     facsimile) of Vice         President.             
                                   duties as Vice President.  President-elect must                              
                                                              appear on address side.                           
----------------------------------------------------------------------------------------------------------------
Former Vice President, each       Matter on official         Signature and title        During 90 days          
 former Member of Congress,        business about closing     (written or printed        immediately after date 
 former Secretary of the Senate,   of offices.                facsimile) of person       of leaving office.     
 former Sergeant at Arms of the                               entitled to frank must                            
 Senate, each former elected                                  appear on address side.                           
 officer of the House (other                                                                                    
 than a former Member of the                                                                                    
 House), and each former                                                                                        
 Delegate or Resident                                                                                           
 Commissioner.                                                                                                  
----------------------------------------------------------------------------------------------------------------
Former Speakers of the House      Public documents, seeds,   Signature and title        For as long as the      
                                   and agricultural reports   (written or printed        former Speaker         
                                   from Department of         facsimile) of former       determines necessary.  
                                   Agriculture, official      Speaker, or Mailgram or                           
                                   correspondence including   public document marking                           
                                   Mailgrams.                 as shown above, must                              
                                                              appear on address side.                           
----------------------------------------------------------------------------------------------------------------